Unjustified Means
by Michael2
Summary: Sturgis and Meg reexamine a murder case when a petty officer's murder conviction is overturned due to falsified
1. Free for Now

1600 ZULU

U.S. DISCIPLINARY BARRACKS

FORT LEAVENWORTH, KANSAS

David Bruce Parker, escorted by two United States Army guards, walks along the concrete floor of the hallway. It was just before chow time when a speaker summoned him. He and his escort pass other guards, staff members, and inmates who had give given passes to do menial jobs.

He sees a bald man in a suit, wearing a badge clipped to his gray coat. Parker recognizes him as his lawyer. He had met with the lawyer, who chose to work pro bono, several times in this facility used to house inmates sentenced here by general courts-martial.

"Mr. Parker," says the lawyer, "they did it. The court of Appeals for the Armed Forces overturned your conviction."

"I am free to go?"

"For now. Let's go home, Petty Officer."

A mixture of relief and anxiety surfaces in the now ex-prisoner's mind. After seven years in Leavenworth, he is free. He wonders what the world outside is like.

And yet, there is a lot of uncertainty in his fate. What if he goes to trial again? What if he ends up back here?

And what will THEY do when they find out he is a free man? 


	2. Inconclusive

DAY 1 

1633 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Commander Sturgis Turner enters the JAG Headquarters main office after having had lunch. It looks pretty much the same as it did when he was first assigned here, with a white tiled floor, desks, bulleton boards on the walls, and television sets mounted on top of one of the walls. The lawyers and support staff for the main office are busy looking through files and making calls.

"Commander Turner," a voice says.

Sturgis looks to see a man in a white Navy uniform, a little shorter than him with dark hair. The shoulder insignia identify him as a lieutenant commander.

"What can I do for you, Bud?" asks the commander.

"I just heard from Captain Rabb, sir," replies Lieutenant Commander Bud Roberts. "He's alive and well."

"Thank God," replies Turner, a small burden in his heart relieved. He had been worried ever since hearing about the terrorist blasts in London yesterday, which were reported to have killed over fifty people. He and U.S. Navy Captain Harmon Rabb have been friends since their days at the U.S. Naval Academy in Annapolis, Maryland. His first thought was of Harm when he saw the news report on the London attacks.

"I've got a court hearing to attend to, sir," says Bud. "See you for lunch."

Sturgis glaces at the bulletin board. Lieutenant Gregory Vukovic had been assigned to the naval station in Pearl Harbor in Hawaii. Lucky bastard, he thinks.

"Turner, my office," says Major General Gordon M. Creswell as he walks past.

Seconds later, Sturgis is standing inside General Creswell's office. Standing beside him is a woman with short blond hair, whose shoulder insignia identify her as a commander.

"Just this morning, the U.S. Court of Criminal Appeals overturned the murder conviction of Petty Officer Third Class David Bruce Parker," says General Creswell, who is the Judge Advocate General of the United States Navy. "Parker had been convicted of seven counts of murder in what was known as Baltimore's Halloween Massacre. A nightclub known to be a hangout for gangsters was shot up. After an investigation, Parker was arrested and convicted."

"On what technicality was the conviction overturned?" asks Commander Meg Austin.

"Falsified evidence," replies the general. "An FBI fingerprint analyst came under investigation by the Attorney General's office. It turned out he falsified fingerprint evidence on a number of cases. Even now, cases that he testified in are being reviewed. A lawyer contacted Mr. Parker and offered to represent him on appeal. He was the one who filed the appeal."

"Who is his attorney?" asks Sturgis.

"Take a look, Commander."

Sturgis and Meg look at the files Creswell had given them. A smile forms on Sturgis's face.

"This is interesting," says Sturgis.

"Turner, Austin, you will re-examine the murder case," says General Creswell. "The court gave the Navy a ninety day deadline to refile charges. SecNav has assumed convening authority over this. The Baltimore scandal has gotten quyite a bit of national press attention. You will make recommendation on whether to reconvene a general court-martial. I understand that there is a temptation try him in court because of whom his lawyer is. You will not let that color your judgment.Your recommendation to the SecNav will be based solely on the evidence."

"Understood, sir," says Sturgis.

"Dismissed."

"Aye aye, sir," say Sturgis and Meg.

ooooooooooooo

1756 ZULU

NCIS HEADQUARTERS

Sturgis and Meg get out of the blue Ford Crown Victoria staff car and enter ther building that houses the headquarters for the Naval Criminal Investigative Service, which investigates crimes involving the Navy and Marine Corps. As they walk through carpeted hallways, they pass by agents dressed in suits. They enter the NCIS main office.

"Excuse me," says Meg, "is there a Tony Dinozzo here?"

"That's me," says a dark haired man wearing black shoes, black pants, a black coat, a black necktie, and a white shirt. "Special Agent Anthony Dinozzo."

"Commander Meg Austin," says Meg. "This is Commander Sturgis Turner. We're from JAG."

"What is this about?" asks Agent Dinozzo. "Why do you want to talk to me first instead of the director or Agent Gibbs?"

"You were working homicide for the Baltimore PD back in '97, right?" asjks Sturgis.

"Yeah?"

"You remember the 1997 Halloween Massacre?"

"Yeah, a couiple of dealers got shot. I remember because a sailor got arrested and charged with a crime. It was the first time I testified in a military court."

"His conviction was overturned," says Meg.

"What?"

"Apparently, an FBI fingerprint analyst falsified evidence in this and other cases," says Sturgis.

"I remember that," says Dinozzo. "Someone from the Maryland attorney's office asked me questions about him. I didn't know he was the subject."

"Well, we're going to reexamine the case," says Meg.

"He's guilty," says Dinozzo. "When I questioned where he was on Halloween night, he said he was on base that night preparing for his deployment to sea. He lied. The gate records showed that he went back in less than an hour after the crime was committed. He lied a second time when I asked him where he was."

"He could have been doing something else that he did not want anyone to find out," suggests Sturgis. "Or he could have been confused about the times."

"No way. He told two different lies to that same question."

"We'll need more than that," says Meg.

"What is going on?" asks a silver-haired man walking in.

"I was speaking to these two JAG lawyers about a case I worked on when I was with the Baltimore police," says Dinozzo.

"Leroy Gibbs, NCIS," says the silver-haired man.

Sturgis and Meg introduce themselves and tell Gibbs about the Parker case.

"Tony, you will work with these two in their investigation," says Gibbs. "Make contact with your old co-workers. Maybe the original fingerprint samples are on file. If Abby matches them to Parker..."

"He goes back to Leavenworth," completes Sturgis.

ooooooooooooo

1930 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"You'll never guess who's here," says Bud as he sees Sturgis and Meg.

"We've been expecting him to meet with us," says Meg.

"He's waiting for you two in the conference room."

The two of them head towards the conference room. A wooden table dominates the room, sitting on a carpet-covered floor.

A bald man in a gray suit sits at one of the chars. Sturgis and Meg recognize him.

"Hi," says AJ Chegwidden, the retired Judge Advocate General.

"Good to see you, Admiral," says Sturgis. "Are you here to ask for a plea bargain?"

"Oh no," says the retired admiral. "I understand that you're reopening the case."

"Yes," says Meg. "We asked the Baltimore PD to send a copy of the original fingerprint sample to NCIS. If it matches, you might want to consider a plea bargain to spare your client's life."

"That is if it matches," says AJ. "What if there is no match? Or it matches someone else, proving that someone else was the killer? What will you have then?"

"We have until October to file charges," says Sturgis. "And yes, it is possible that there won't be ebnough evidence for another trial."

"Let's get down to business," says AJ. "I want all of your investigation notes. I've already subpoenaed all of the Baltimore PD and FBI records related to this case."

"Okay then," says Meg. "Good to see you again, sir."

oooooooooooooo

AJ later sits inside the office he used to have, meeting with his replacement.

"I see that the office is just as busy as when I was here," he says.

"We've had a lot to deal with," says General Creswell. "I've heard great things about you, AJ. You were a great influence on these people- Rabb, Mackenzie, Turner, Roberts, Coates."

"You shouldn't try to fill my shoes, General. Fill your own shoes."

"Your shoes would probably be really loose," says the general, who is clearly shorter than AJ. "They'd fly off my feet if I even jog. Anyway, I heard that you once defended an Al Qaeda terrorist."

"Someone had to do it. I figured that since I was JAG, I should be the one to do it."

"I understand you are working the Parker case pro bono. Is there any reason why you chose him?"

"He was convicted with falsified evidence during my tenure here," says AJ. "It's my responsibilty to correct this injustice. And this case is getting quite a bit of publicity. My firm gets free advertising and a case in its resume."

"Tell me about your personal life," says Creswell.

"Divorced. I have a daughter in Italy. I flew to meet her after I retired. You?"

"Still married. We keep pulling through. I have two daughters. One of them is attending Annapolis."

The two men continue talking, about their time in the service and other stuff as well.

ooooooooooo

2115 ZULU

NORTH OF UNION STATION

Petty Officer First Class Jennifer Coates returns to her apartment in Washington, DC. She had moved in here a while ago. It is a modestly furnished apartment, considering her savings and her petty officer's salary.

She sees one message on her answering machine. She presses the play button.

"This is Detective Morris," the voice says. "They caught your friend Pia Bonfilio. She was just extradited here to DC today. You'll have to give a statement to the DC attorney."

Jennifer remembers that incident not long ago when her friend Pia Bonfilio came back asking for help. One thing led to another, and Jennifer ended up as a murder suspect fora while. But further investigation revealed Pia as the killer. Pia was on the run for months. She had even been profiled on America's Most Wanted. Now she is in custody.

Jennifer had been a crook untila judge made her go to the Navy. She later deserted and was caught. Her attorney at the time, Commander Harmon Rabb, convinced the judge that her enlistment was coerced. Rabb also convinced her that a future in the Navy would be worthwhile and that the Navy was the best thing to happen to her. Now she might have to testify in court if Pia's attorney decides to go to trial. She would surely be cross-examined about her criminal past. She might have to divulge things she had not told anyone at JAG.

oooooooooooooo

DAY 2

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Saturday is not as busy as other days in JAG Headquarters. There are only a few lawyers working here today, catching up on assigments. General Creswell is not in.

Commander Meg Austin has some work to catch up on. She has been revieweing the David Parker case, from the original invesatigation notes to the court transcripts.

"Commander Austin, there's a call for you from a Tony Dinozzo," says Seaman First Class Jack Culp, who is filling in for Petty Officer Coates this day. "Line Three."

"I'll take it in my office," says Meg. She enters her office and sits behind her desk. "This is Commander Austin," she says, holding the telephone.

"It's me, Agent Dinozzo," says Tony Dinozzo. "Abby just ran a test on the fingerprints."

"And what?" she asks. His answer could end the investigation, one way or the other.

"The result is inconclusive. We can't say if it's his or not."

"Thanks. I guess I'll see you again."

Meg hangs up the phone. It is going to be a long summer. 


	3. Beautiful People

DAY 4

1320 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Petty Officer First Class Jennifer Coates stands up as Major General Gordon M. Creswell enters her office.

"Good morning, General," she says.

"Good morning, Petty Officer," replies the general. "any messages?"

"No, but there is something I must inform you."

"My office, Coates."

Coates enters the general's office. It is a huge room covered ina carpet, its centerpiece a wooden desk. Creswell sits behind the desk. "What is it, Coates?"

"Sir, the DC police called me. They found Pia."

"Who?"

"Pia Bonfilio. A friend of mine from my past. She was wanted for murder. They're gonna want me to testify."

"So you'll need someone to fill in for you while you're in court."

"Yes, sir, I will. It's just that her attorneys might ask me about my past. There are things I've done that I haven't told any of you."

"Let's put it this way, Petty Officer. You can either tell the truth about stuff that you can no longer go to jail for, or you can lie and go to jail for that. A simple choice, really."

"Thanks for the advice, sir."

"I have work to do here alone. Dismissed."

Creswell hears the door close as he reads through reports.

oooooooooooo

1400 ZULU

NCIS HEADQUARTERS

WASHINGTON, DC

Commander Sturgis Turner , Commander Meg Austin, and Agent Anthony Dinozzo stare at the screen in the NCIS Headquarters Lab. A woman in her late twenties with black hair, black etyeshadpow, and black-painted fingernails explains everything.

"Are you sure you can't make a conclusive match?" asks Meg.

"There's just not enough fingerprint," says Abby Scuito, a forensics specialist foe the Naval Criminal Investigative Service. "Not enough points to determnine one way or another.

"Could it possibly come from Petty Officer Parker?" asks Sturgis.

"Yes, it could," replies Abby. "But it also matches at least twenty other people in the database."

"Maybe we can exclude the others, show that Parker is the only one who could have done it," says Dinozzo.

"Even if we could do that, there are still millions whose fingerprint could produce something like the sample."

"I guess this means the fingerprint's useless," says Meg. "I wonder where we go from here?"

ooooooooooo

1540 ZULU

BALTIMORE POLICE HEADQUARTERS

BALTIMORE, MARYLAND

Sturgis, Meg, and Dinozzo meet inside a conference room in the building that is the headquarters for the Baltimore Police Department. Dinozzo notices the place looks much the same as it did when he served here in 1997, although a few rooms had been remodeled. He had greeted some of the police officers he had worked with. With them are some other people from the Baltimore Police Department and the Maryland Attorney General's office who are also investigating.

"So NCIS couldn't make a match," says Detective Lieutenant Aaron Lake.

"Unfortunately, no," says Tony Dinozzo.

"Why don't we take another look at the evidence?" asks Sturgis.

"I've been reading the evidence over since I was assigned to this investigation," says Deputy Attorney General Nick Perry. "All we got are statements from questionable witnesses. I'm not surprised the Navy relied on fingerprints."

"Which we now know are inconclusive," says Meg. She reads through the investigation notes. "There's this guy named James Scottson who ID'd Parker in a lineup. He saw him go into the club."

"He happened to be a drug addict living on the streets at the time," says Dinozzo. "He didn't testify in the trial, and for good reason."

"What about gunpowder residue?" asks Nick Perry.

"He handled munitions as part of his day job," says Dinozzo.

"These questionable witnesses are all we have now," says Lieutenant Lake.

"The police might still have the gun," says Nick Perry. "Maybe we can find something that was missed years ago."

"NCIS can keep tabs on Parker," says Dinozzo. "Parker's currently assigned to Washington Navy Yard."

"So he's not in the brig?" asks Lake.

"Chegwidden must have convinced the convening authority that Parker's not a flight risk," says Sturgis.

"It works to our advantage," says Tony. "He'll let his guard down. Maybe he'll have a slip of the tongue or lead us to where we can find evidence. I've had cases like that."

"We're not having much to go on," says Meg.

"I think it's a good idea," says Lake. "Let's follow on these leads, shall we?"

They all leave the conference room.

"Maybe you should let my office handle it," says Nick Perry, pushing the joystick on his motorized wheelchair with his left arm.

"Parker's a sailor in the Navy," says Meg. "If he murdered someone while he was in the Navy, then the Navy should punish him."

"You have until when to file charges? October? Don't forget, Commander. The state of Maryland has its own court system. We can charge him with murder anytime."

"I think we should find this Scottson fellow first," says Sturgis.

ooooooooooooooo

DAY 5

1404 ZULU

DISTRICT OF COLUMBIA SUPERIOR COURT

WASHINGTON, DC

Petty Officer Coates arrives in the small room inside the courthouse in Washington, DC to give her statement. She sits down at a long wooden table. She wears her white summer dress uniform, and the men and women inside are dressed in suits.

"Let's begin," says the judge. "Petty Officer Coates, I will remind that you are under oath."

"Yes, ma'am," replies the petty officer.

The prosecutor asks some questions. Jennifer answers each and every question about her acquaintance with Pia and the events last fall.

Then Pia's defense attorney, a bald man with black hair on his temples, eyeglasses on his face, a black coat over his torso, and a red necktie around his neck asks questions.

"Have you ever stolen anything?" asks the defense attorney. "May I remind you that you are under oath?"

"Yes, I have," replies Jennifer.

"Committed burglaries?"

"Yes."

"Assault?"

"A few times."

"You seem to have a colorful past," says the lawyer.

"Well, sir, I learned from these mistakes. I can give you plenty of references."

"That won't be necessary, ma'am."

oooooooooooo

2133 ZULU

BALTIMORE, MARYLAND

"Nice place," says Meg, looking at thw apartment building with cracks in the outer walls.

"This is where James Scottson is living," says Agent Dinozzo. "Unless he's been evicted recently."

He, Meg, and Sturgis enter the apartment building. They were lucky that James Scottson still lives in Baltimore. Clibing up the stairs, they reac a door with the paint peeling from its surface.

"Mr. Scottson?" asks Dinozzo. "Federal agents. We want to ask a few question."

"What do you want?" asks a voice.

The three of them turn to see a man wearing a faded shirt. Tightly curled black hair covers his head.

"Agent Dinozzo, NCIS," says Tony, showing his badge. "These two are Commanders Turner and Austin from the Navy JAG."

"James Scottson," replies the man. "I just got back from work."

"Mr. Scottson, we'd like to ask you a few questions," says Sturgis.

"Why don't you three come inside?"

Scottson unlocks the door to his apartment and the two Navy officers and one NCIS agent enter. The living room is old- carpet, furniture, television set. Even the air smells old.

"Why not have a seat?" asks Scottson.

"No thanks, sir," replies Meg.

"We'd like to ask you about the 1997 Halloween massacre," asks Dinozzo.

"Oh that. I heard a couple of dealers got shot. It's a dangerous business. Two gangs were busted. The cops questioned me about it. I even had to pick some guy out of a lineup. I never testified in court though."

"Where were you?" asks Sturgis.

"I was out in the street, trying to take a nap. I saw a guy with a gun in his hand run past me. Then the cops came. I gave a statement, they had me pick someone out of a lineup. I was a homeless junkie at the time. They offered to help. But then they forgot about me."

"We could be willing to help if you'll cooperate," says Meg.

"You mean like get a job?"

"I still have friends in the Baltimore police," says Dinozzo. "They can set you up with social services. Do some job training or something. I'll give you my card as well as the card for Lieutenant Lake. If you know anything else."

"Okay then," says Scottson, turning on the Sony color television. "Is there anything else?"

"We'll call you," says Sturgis.

The three of them leave the building, heading to where the Ford Crown Victoria is parked. They arrive just as three kids run away.

Tony runs to the car. Inspecting the wheels, he sees that the hubcaps are gone. "We're gonna have to report this to the police."

They all get into the car. Dinozzo starts the engine, puts the Ford Crown Victoria in gear, and pulls from the curb.

"So, Commander Austin, I notice you speak with an accent," says Tony, holding the steering wheel. "Where're you from?"

"Texas," replies Meg.

"So you grew up in the open range?"

"Pretty much. Even though I've worked in cities for at least a decade, I still can't get used to the crowded spaces."

Dinozzo continues driving the car as Sturgis and Meg look around. After a few minutes, Dinozzo pulls up the the curb.

"Here it is," says Tony. "Or was."

Sturgis and Meg look to see a barbershop and a soul food restaurant.

"That used to be the Double Diamond Club," says Tony. "The owner was under investigation for drug trafficking. He was killed in the massacre." He continues driving. "Let's go back and review the evidence again."

oooooooooooo

2205 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Lieutenant Commander Bud Roberts is working late, looking through some documents. He is currently assigned to two cases.

The telephone rings, and Bud answers it. "Hello?" he asks.

"Hey Bud," says a male voice. "How are you doing?"

"Hi Mike," says Bud. "What's going on?"

"Guess what," says U.S. Naval Academy Midshipman Michael Roberts, Bud's younger brother. "I'm going to be training the next plebe class as a drill instructor."

"Wow," says Bud. "Congratulations!"

"I was recommended for this. I guess it has something to do with the fact I served on active duty before coming to the Academy."

"This is going to be a huge responsibility, Mike."

"Well, being a Naval officer is a bigger responsibility. How are things going?"

"Well, I'm busy. I have to work on two cases. We have three lawyers out TAD."

"What about home life? How's Harriet and the kids?"

"Harriet took the twins to the doctor. The doctor said they're all right. they're feeling fine now. James and AJ are okay. And just last week, we all came to visit Sarah's grave."

"Oh," says Mike, remembering the niece who had died at birth. He recalls that the Navy doctor who delivered Sarah Roberts had been court-martialed for dereliction of duty and negligent homicide. The doctor was acquitted, but was stripped of his Naval Reserve commission for lying in a JAG investigation.

"Mike, I'm sure you'll make a fine drill instructor. You've grown up a lot these past few years. Take care."

"You too. Hope to see you later."

Bud hangs up the telephone. He reads through the files on his desk.

"Good evening, sir," says a man in a khaki Marine uniform. "Here's the file you wanted."

"Thanks, Captain," replies Bud, receiving the file.

"I'll be heading home now, Commander," says Captain Carlos Bullrider. "Take care."

ooooooooooo

2230 ZULU

AJ CHEGWIDDEN'S OFFICE

WASHINGTON, DC

AJ Chegwidden sits behind the desk inside his office, facing the television camera. FOX News had contacted him and asked do do an interview. A news crew set up a camera in his office, where he will speak with Bill O'Reilly of Fox News via telephone. AJ looks as technicians prepares the cameras and lighting equipment.

"So tell me about the case," asks Bill O'Reilly. "Will there be a retrial?"

"The Navy's still investigating," says Chegwidden. "They have a few months to bring charges. I am fully prepared to defend Petty Officer Parker should a general court-martial be convened again."

"You were the JAG, right?"

"I was the JAG when Parker was first convicted. A horrible injustice was done under my watch. I intend to make it right. I am also announcing that I've filed civil rights lawsuits against the Baltimore PD, the FBI, and the Department of the Navy. There muast be a deterrent against falsifying evidence. There must be a price to pay for undermining our trust in the criminal justice system."

"It is unfortunate that the people we trust to enforce the laws break them," says Bill O' Reilly. "Thank you, sir."

oooooooooooo

DAY 6

1425 ZULU

OFFICE OF THE SECRETARY OF THE NAVY

THE PENTAGON

ARLINGTON, VIRGINIA

"And that is my report, sir," says General Creswell, standing inside a huge office with a fireplace.

"Thanks, Gordon," replies Secretary of the Navy Edward Sheffield, his voice footsteps on deep gravel. "So tell me about the Parker case."

"I have Commanders Turner and Austin working on it now," replies the Judge Advocate General. "They're working with NCIS and the Baltimore police."

"AJ Chegwidden just did an interview on Fox News last night about the case," says the SecNav. "The press is giving this case much attention."

"There were other convictions overturned because of this FBI agent's perjury and evidence tampering."

"None of them were sailors in the Navy, Gordon."

"Is there anything else, Mr. Secretary?"

"Remember before you became the JAG, when I told you about how Chegwidden was a good communicator? He will try tyo get the public on the side of his client. There will be considerable pressure to simply drop the case and let Mr. Parker move on with his life."

"That may very well happen, sir. Our recommendation to you will be based on the evidence. I hope, Mr. Secretary, that your decision is based on the same."

"You may go now, General. I have a meeting with Admiral Clark in a few minutes."

ooooooooooo

1640 ZULU

BALTIMORE, MARYLAND

"I've got to get to work in twenty minutes," says a man with tightly curled black hair on his head, a red T-shirt, gold chains around his neck, and blue Levi's jeans.

"According to your parole terms, you must cooperate with all law enforcement agencies," says Agent Tony Dinozzo. "That includes NCIS."

"What do you want to know?" asks Todd Coleman, stanbding in the living room in his apartment.

"What do you know of the Halloween massacre back in '97?" asks Sturgis.

"That was a long time ago," says Todd. "Some dealers and their thugs got shot up."

"Your associates were implicated," says Meg.

"I had nothing to do with it. It wasn;'t my idea; I wasn't even there; the cops know it. The DA couldn't pin it on me. I didn't make decisions for the crew. I was just a dealer."

Tony removes some photographs. "Any of them look familiar?" he asks.

"I seen this guy," says Coleman, pointing to one of the photographs. "He used to bring in the drugs."

"What do you know about him?"

"He called himself Davey. He didn't say anything else."

"Did you hear anything about him?"

"I heard he was in the Navy, and that some people in the Navy were smuggling the drugs here. I never met any of them except Davey. I remmber seeing Davey the afternoon before the massacre. He said he had a special job to do. I went to make a drop, you know, heroin."

"Did you have any idea they were planning a hit?" asks Sturgis.

"They said that this other gang was causing problems," says Todd. "I didn't ask no questions about it. I'm a salesman, not a hitman."

"And now what?" asks Tony.

"I saved up a lot of money. Put it into IRA's and stuff. I'm done with that career. It's dangerous you know, more dangerous than goin' to Iraq."

Later on, the three of them are riding in a car towards downtown Baltimore.

"I remember a case like this years ago," says Meg. "There was an operation involving Marines smuggling drugs in and selling them to drug gangs. I wonder if there was more to it than I saw."

"I wonder if it is widespread now," says Tony.

"We'll go review the evidence," says Sturgis. "A paroled drug dealer. I can imagine a million ways Chegwidden will eat him on the stand."

"I have plans this evening," says Dinozzo.

oooooooooooooo

2118 ZULU

WASHINGTON NAVY YARD

WASHINGTON, DC

Agent Dinozzo and some detectives from the Baltimore Police Department sit inside a black Honda Accord parked just outside the gate to the Washington Navy Yard.

Dinozzo receives a message via radio. He looks and sees a car pull out of the gates, its headlights on.

He puts the Accord in gear and follows the car.

oooooooooooo

2230 ZULU

Petty Officer Third Class David Bruce Parker looks around the ballroom. The place looks grand, with cloth-covered tables and waiters in white starched shirts and people in their finest clothes. The petty officer is wearing his formal Navy whites with all the medals and decorations.

"So how was it like in prison?" asks a woman wearing a sequined dress.

"Just take it one day at a time," replies Parker. "I was really mad at first. I couldn't believe I had been sent to prison for life. I didn't even know about that scandal until AJ Chegwidden came to speak to me."

"So you are David Parker," says this white-haired man wearing a suit. "Chris Walsh, senior partner for Dewey, Walsh, and Lambert."

"Petty Officer Third Class David Bruce Parker, United States Navy," says Parker, extending his hand. "How do you do?"

"Very well. AJ is such a brilliant lawyer. He knows how to deal with the press. Your case has gotten us a lot of publicity. We'll be able to charge higher rates."

"I'm just glad to be free, sir."

"And I want to thank you for allowing me to work this case pro bono," says AJ Chegwidden, dressed in his gray suit.

"What are your plans, Mr. Parker?" asks Chris Walsh. "Are you going to stay in the Navy?"

"No, I'll just let my enlistment expire. I should get my discharge in October. I'm already sending out resumes. Fourteen years in the Navy is enough."

"Perhaps I can offer you a position as an assistant," says Walsh.

"Mr. Chegwidden," says Parker. "Thanks for bringing me here. I enjoy talking to the beautiful people."

"You're welcome," replies his attorney.

"Our firm will spare no expense in representing you on this matter," says Walsh. "We will be your advocate. We will take your case to the people, and if necessary, the courts."

"Hor d'ouerves?" asks a waiter with a greasy moustache and thick glasses."

"I'll take some Swiss cheese," says David Parker, taking a cube of Swiss cheese impaled on a toothpick.

An hour later, David leaves the hotel. He gets into his car, which is followed by Agent Tony Dinozzo and Baltimore police detectives. 


	4. Alibi

DAY 8

1708 ZULU

Commander Sturgis Turner, Commander Meg Austin, and Agent Anthony Dinozzo step inside the maximum security prison in rural Maryland, a guard leading them inside. They walk along the concrete floors of the hallway. They enter a small room lit by a single fluorescent light bulb. Inside the room is a chair and a desk. Two men sit inside. One of them is dressed in a suit. The other is dressed in a blue jumpsuit with a number stenciled on it. His head is shaved bald and he has a beard on his face.

"Agent Anthony Dinozzo," says Tony. "NCIS."

"What's this NCIS?" asks Taylor Biggs, the man in the jumpsuit.

"Naval Criminal Investigative Service."

"What do you want with me?"

"I want to know about the 1997 Halloween Massacre in Baltimore."

"I'm gonna be in here for life," says Biggs.

"We want to know David Parker's involvement in this matter?"

"You mean the sailor?"

"Yes."

"What will you be offering?" asks the man wearing the suit, who is apparently Taylor's attorney.

"We are willing to offer a commutation provided you tell us the truth," says Sturgis.

"I spoke with you guys," says Taylor Biggs. "You offered a deal, but then you decided not to have me testify."

"We might need your testimony this time," says Meg. "We might be trying David Parker."

"He's been a well-behaved prisoner behind bars," says the lawyer. "Can you at least give him a chance for parole?"

"Only if he testifies," says Sturgis. "What you tell us right now will stay between us. We'll talk to the attorney general's office, see if there is a way to reduce your sentence to allow for parole."

"I had a contact," says Taylor. "Parker was the one who brought the stuff. I know someone else was working with him. I only spoke with him over the phone. He said his name was Ed, but that's about it. We were discussing a hit with Ed, 'cause someone weas musclin' in our territory. Ed said that Parker will take care of it. I drove Parker to that club. He went in and did his job. He didn't do it perfectly, c'cause we weren't supposed to get caught."

"Was Ed in the Navy?" asks Meg.

"Never seen the guy, only spoke to him. I know he's not Parker, 'cause I spoke with him on the phone while standing next to Parker. I'll testify if you can get me parole."

"You will?" asks Tony.

"Davey Parker wasn't one of us; he just brought us the goods. My homies won't care if I testify against him."

"Thank you," says Meg. "We'll know where to find you."

The three of them leave the prison gates. "I can see Chegwidden ripping him a new one," says Sturgis.

"With the fingerprints bogus, we might have no other choice," replies Meg.

ooooooooooooooo

DAY 12

BALTIMORE, MARYLAND

1541 ZULU

Agent Anthony Dinozzo reads through the files as he sits down in the squadroom. He and Detective Mark Travis, whom he had worked with years ago, loom over their notes.

"We've been tracking this guy 24/7 and we can't get anything," says Travis.

"Let's just wait," says Tony. "this does bring back memories. Remember when we kept staking this guy out for two months?"

"Tony, he didn't go to jail," says the Baltimore police detective.

"He did lead us to the killer though," replies the NCIS agent.

The two of them hear footsteps and they look. They see a man in a United States marshal's uniform.

"May I help you?" asks Travis.

"I'm here to deliver a complaint," says the marshal. "here."

Tony receives a piece of paper from the marshal. The letterhead indicates that the letter is from the United States District Court.

"David Parker has filed for an injunction against us," says Tony. "I'd better call JAG."

ooooooooooo

U.S. NAVAL ACADEMY

ANNAPOLIS, MARYLAND

2303 ZULU

Midshipman First Class Mike Roberts enters the small lounge after a grueling day of leading the plebes through their plebe summer. The mood in this room is serene, as if to offer refuge from the pressures of being a senior midshipman. A young man in his early twenties with short blond hair is also in the lounge, sitting down on a leather seat.

"How are you feeling, Roberts," asks Midshipman First Class Roy Grant.

"Exhausted," replies Mike. "I thought going through plebe training was hard."

"That's why I recommended you for this post, Mike," replies Roy. "You were one of the few who served active duty in the Navy, actually served on board a vessel. We need people like you to train future officers."

"Right now, Roy, I need a meal and some sleep."

"At least you now know how the instructors feel, Roberts."

ooooooooooo

DAY 13

UNITED STATES DISTRICT COURT

BALTIMORE, MARYLAND

The court hearing for David Bruce Parker vs. the United States Department of the Navy and the Baltimore Police Department is now in session. The judge, a white-haired man, sits behind the bench. United States marshals watch over, providing security.

"I will begin to hear arguments for this motion," says the judge.

"Your Honor," says AJ Chegwidden, standing up. "My client, U.S. Navy Petty Officer Third class David Bruce Parker was released from Leavenworth after his unjust conviction was overturned. The Baltimore PD and NCIS have since been following him around wherever he goes. Every move he makes is being watched. He feels as if he isn't really free. This is a violation of his privacy."

"Thank you, Mr. Chegwidden," says the judge. "Commander, if you will."

"Yes, your Honor," says Commander Meg Austin, rising up. "Petty Officer Parker is a prime suspect in the murder of seven people in October of '97. Courts have long recognized that there is no reasonable expectation to privacy in public places."

"Has the police or NCIS made any contact with Mr. Parker?" asks the judge.

"No, sir. They have yet to conduct a search of his quarters."

"I have heard enough," says the judge. "Mr. Chegwidden, your motion for an injucntion is denied. Commander Austin, tell the police that they had better limit themselves to observing Mr. Parker in public. If they want to go further they should get a warrant."

The judge then bangs the gavel.

ooooooooooooo

DAY 16

BALTIMORE POLICE HEADQUARTERS

BALTIMORE, MARYLAND

"Our stakeouts are turning up nothing," says Detective Lieutenant Aaron Lake.

"Look out there," says Tony Dinozzo, looking at the crowd out there. "Free Davey Parker."

"His lawyer's trying to get the public on his side," says Mark Travis. "There's a whole bunch of celebrities speaking in favor of him. They're the same crowd that sticks up for Mumia Abu Jamal."

"Hopefully this Carey Mills person is gonna comne here and give us something," says Lake. The police station received a call from a Carey Mills. She claimed to have knowledge of the case."

"I hope she's not a junkie or a drug dealer," says Sturgis. "The last thing we need is a witness whom Chegwidden can tear apart."

The door opens and they all look. Thery see a woman in her early thrities with long, curly black hair. she is dressed in a blue blouse and blue Levi's jeans.

"Are you Carey Mills?" asks Tony Dinozzo.

"Yeah," replies the woman.

"What do you know about the Parker case?" asks Commander Meg Austin.

"He's innocent," says Carey.

"How do you know?" asks Aaron Lake.

"He was my boyfriend at the time. I was living in Baltimore. We were together on Halloween."

"you sure?' asks Sturgis.

"Of course. That was big news back then. I know where I was."

Sturgis faces Meg. "We're gonna have to tell Chegwidden." 


	5. Issues With Credibility

1840 ZULU BALTIMORE POLICE HEADQUARTERS

BALTIMORE, MARYLAND

"Tell me why you haven't told the police about this before," says Meg.

"When Davey was arrested, someone broke into my house," says Carey Mills. "I was scared. He told me he would kill me and my family if I ever told the police. I...I just wish I had the courage to go tell the police. Maybe an innocent man wouldn't have spent all those years in prison."

"How long have you known Davey Parker?"

"Three years. We dated for three years before he went to prison."

"Have you spoken with him or his lawyer recently?"

"No, I haven't."

"Where do you live now?"

"Rosedale. Near the I-95."

"I'd like to know more about your life in Baltimore in the fall of '97. Who were your friends? Neighbors?"

As Meg questions Carey Mills, Sturgis walks to the telephone and picks up the handset.

"Is AJ Chegwidden there?" asks Sturgis.

"No, he's not," replies a female voice on the other end.

"Tell the ad- Mr. Chegwidden- that Sturgis called for him about an alibi witness named Carey Mills."

"What was your name, sir."

"Sturgis. S-T-U-R-G-I-S."

"Okay, Sturgis. Is that all?"

"Yes, it is."

Meg finishes writing notes on a small white notepad. "Is there anything else you might want to tell us?"

"I've told you enough already," says Carey Mills.

"If there's anything else, you can call the Baltimore PD or the Navy JAG office," says Meg. "I'll give you the number."

"Okay," says the woman, receiving a slip of paper from the Navy lawyer. She then leaves the office, closing the door behind her.

"If her story checks out, we can close this case," says Tony Dinozzo.

"And the police will probably have to settle a lawsuit," says Lieutenant Aaron Lake. "We're being sued for violating Mr. Parker's civil rights. We just got notice yesterday."

ooooooooooo

DAY 18

1706 ZULU

AJ CHEGWIDDEN'S OFFICE

WASHINGTON, DC

"Yes, I just spoke to Carey Mills this morning," says AJ Chegwidden, sitting behind his desk talking on the phone. "My secretary recorded her statement. Are you going to recommend that all charges be dropped."

"Not yet," replies Sturgis. "Wr're still looking into her background. Of course, if we think she's telling the truth, we'll have to let Petty Officer Parker go."

"I trust you'll make the right judgment, Sturgis. How are things in the office?"

"We're okay. General Creswell's a fine JAG."

"I know. I've met him a couple of days ago. I don't there there could be a finer replacement."

"Harm's okay. I spoke with him the day after the bombings in London."

"That's good to hear. The wedding is still ten months away. Gives me plenty of time to prepare."

"Ten months can pass by real quickly, sir."

"Has Commander Austin adjusted to her new post?"

"Meg? She actually fits right in with us. Even told us about a couple of cases she did with Harm."

"Well, I'll take a closer look at this alibi witness. I'll see you again, Sturgis. Hopefully not in court."

"Take care, AJ."

AJ hears the phone click. He looks at the files regarding the David Parker case. The retired Navy SEAL/lawyer/admiral is certain that he will face Sturgis and Meg in a general court-martial.

ooooooooooooo

1930 ZULU

WASHINGTON NAVY YARD

WASHINGTON, DC

Petty Officer David Parker walks out of the post exchange in the Washington Navy Yard. He silently counts down the days before his discharge from the Navy. He no longer has any desire to stay in the Navy. The sooner he can close this sorry chapter of his life, the better.

He has noticed the publicity surrounding this case. Celebrities have gathered around his cause, much like they did with Mumia Abu-Jamal, who is on Pennsylvania's death row for murdering a police officer twenty-four years ago. Of course, Abu-Jamal is still incarcerated, while David Parker is as free as any sailor in the U.S. Navy.

Just a few feet from the post exchange, he stops before a man wearing khakis. Parker immediately salutes.

"Good afternoon, Captain," he says.

"Petty Officer Parker," says the captain. "I've heard you got out of prison. Your case has gotten a lot of publicity. A lot of people support you, it seems."

"What happened to me was a grave injustice, sir."

"I just finished an overseas deployment. My crew and I are getting some shore leave. Are you staying in the Navy, Petty Officer?"

"There's a hold on my discharge until October. After that I'll be leaving."

"Good. It will be best if you not talk about this case to anyone other than your lawyer. I know you must be tempted to speak out and join those crowds of activists supporting you. And I would advise you not tell anyone what really happened. Snitches are not very popular in Leavenworth."

"Is there anything else, sir?"

"Without those prints, you'll walk. It's best just to put this whole thing behind you and move on with your life once you leave the Navy."

"I can't wait to do that, sir."

"Good day, Petty Officer."

David Parker watches as the Navy captain walks away, a bitter feeling surfacing in his mind. He exhales deeply and walks away, trying to put the memory of that man behind him.

ooooooooooooooo

DAY 20

2351 ZULU

BALTIMORE POLICE HEADQUARTERS

BALTIMORE, MARYLAND

It is late afternoon, around dinnertime, and the task force to re-examine the Halloween Massacre is still working. Paper bags from Burger King and Taco Bell sit on the table where the members of the task force meet.

"We just found something on that lady who said she was with Parker," says a Baltimore police detective, a mustard stain on his white shirt.

"I wonder if it's over," says Lieutenant Lake, holding a double dekcer taco.

Sturgis and Meg read the copies of the report on Carey Mills. The task force had been spneding the better part of two days finding all recoreds relating to Carey Mills.

"She is whom she said she was," says Meg.

Sturgis puts down the report. "We'll talk to the general."

oooooooooooooooo

DAY 21

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

1305 ZULU

Sturgis and Meg arrive in the main office of the Judge Advocate General's headquarters. The people adress them as they enter.

"Good morning, Commanders," says Lieutenant Gregory Vukovic, dressed in his neatly pressed white summer uniform.

"I heard you went to Hawaii," says Meg.

"Yes, ma'am, I did.," replies the lieutenant. "I just got back last night."

"We were in Baltimore," says Sturgis. "Reinvestigating an eight-year-old murder case involving a petty officer."

"Baltimore. Such a vacation spot," says Vukovic. "Maybe one of you will get to go to Vegas TAD."

"I notice you have a tan," says Meg.

Vukovic looks at his arms. "I was in Hawaii. I had to spend at least a few hours on the beach. And no, Commander, it did not affect the performance of my duties. In fact, it helped me solve the case."

"You can tell us about it later, Lieutenant," says Sturgis. "We have to see the general."

The two Navy commanders enter General Creswell's office. The Judge Advocate General lifts his eyes from a cable news show that he is watching.

"Good morning, General," says Sturgis. "We are delivering a debriefing on the investigation into Petty Officer Parker."

"What have you got?" says the general.

"We have three witnesses who place David Parker at the crime scene. One was a homeless man standing on the street near the scene when it happen, one of them heard that Parker did the hit, and the other is in prison for that same crime."

"Any physical evidence?"

"Not at this time, sir," says Meg. "A woman came forth and said that Parker was with her at the time, far away from the scene. We checked her out and she had huge credibility problems."

"Of course, Chegwidden does not need any credible witnesses on his side to win; you do."

"We do not think our witnesses are lying," says Sturgis. "Two of them may have been drug dealers, one even a murderer."

"Chegwidden will probably tear them new ones on cross-examination," says Creswell. He looks at the color television. "Look at that. Every prominent lawyer is giving his two cents about the case. And these protestors"

"I am right here at the Pentagon where protestors have gathered in support of David Parker," says a news reporter on the television screen. Behind him are people chanting and holding signs, and behind those people is the Pentagon, the headquarters for the Department of Defense. "To let you know, David Parker is a sailor falsely convicted of an infamous murderr in Baltimore seven years ago whose convictions were overturned by an appeals court earlier this month. The Navy has yet to decide whether to retry the case."

"David Parker was convicted by a dishonest, racist system!" exclaims a man with drwadlocks, wearing a FREE DAVEY PARKER T-shirt. "He was framed by the police just as Mumia was framed by the police."

"Look out there," says General Creswell, looking out the window. "A crowd has gathered outside, telling us to let him go. There will probanly even be a bigger crowd in the next few weeks."

"What are you hinting at, sir?" asks Meg.

"I think we should let a jury decide how credible these witnesses are," says Creswell.

ooooooooooo

1640 ZULU

WASHINGTON NAVY YARD

WASHINGTON, DC

Petty Officer third Class David Bruce Parker sits behind his desk, typing on the keyboard attached to the personal computer, when he notices a flash of white. He looks up and sees two Navy commanders. He stands at attention.

"Good afternoon, Commanders," he says. "Is there anything I can help you with, sir and ma'am?"

"I'm Commander Turner from JAG," says Sturgis.

"Commander Austin," says Meg.

David's heart skips a beat. He calms himself down and smiles. "Petty Officer Parker. Do you wish to see Commander Leonard? I'll be happy to provide whatever assistance you require from me."

"We spoke with SecNav," says Sturgis, "and he has convened a general court-martial to try you for seven counts of Article 118- murder."

David's heart sinks upon hearing about court-martial and murder. He bows his head.

"Tony Dinozzo, NCIS," says a dark-haired man in a suit. "You remember me, don't you?"

Parker recognizes the man. He says nothing.

"I was the one who arrested you when you were in Baltimore PD," says Tony. "Now I'm gonna arrest you again for the same crime. David Bruce Parker, you are under arrest on seven counts of murder. You have the right to remain silent. You have the right to an attorney. Anything you say can and will be used against you in a court of law. You have the right to appoint civilian counsel."

"I already have a lawyer," says Parker as his wrists are cuffed.

oooooooooo

1955 ZULU

Clad in an orange jumpsuit, David Bruce Parker heard the door open. AJ Chegwidden enters the room and sits down, as the master-at-arms closes the door.

"General Creswell's office informed me that you're going to be court-martialed again," says the lawyer.

"What should we do now?" asks the petty officer.

"Your arraignment's on Monday. The judge in this case has a good reputation. She actually served under my command when I was the JAG. My associates and I will look over the case again, see if we can get get you off. I would like you to consider a plea bargain."

"No way. The fingerprints were bogus! Without that, they have no case."

"I know the two who will prosecute you. Both of them served under me. If there is anything that can connect you to these murders, they will use it."

"You think they have an airtight case?"

"We're still looking over it. But I want you to consider a plea bargain."

"We worked hard to get that conviction overturned! If I go back to prison, that was all for nothing!"

"A plea bargain might be the only way to save your life."

oooooooooooo

DAY 22

1404 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Over a hundred people have gathered just outside the headquarters for the U.S. Navy Judge Advocate General. Many of them hold picket signs, with messages such as FREE DAVEY PARKER and NO MORE RACIST FRAME-UPS and HE'S NOT A KILLER. Meanwhile, Petty Officer First Class Jennifer Coates enters the main JAG office, holding some file folders.

"Sir, I was just informed," she says. "Pia pleaded guilty to murder two. It's over."

"Very well, Coates," replies General Creswell.

"Did you notice the protestors outside?" asks Coates.

"It weems they disagree with the decision to court-martial Petty Officer Parker."

"I don't know what anyone can prove, sir. I mean, the fingerprints are useless."

"You've been following the case."

"I read about it in newspapers and the Internet."

"I have others working on this case. You concentrate on your duties and I'll concentrate on mine."

"Yes, sir," says the petty officer.

The general leaves the main office and enters a room where he gives press conferences. He looks at the reporters sitting in the room, as well as the television cameras.

"Good morning," says Creswell. "As you know, the SecNav has convened a general court-martial to try Petty Officer David Parker. He has done this at the recommendation of myself and two other judge advocates from this office. They were part of an interagency task force to reexamine the case. We believe there is evidence to justify another trial."

"We hear reports of a witness claiming that David Parker was somewhere else," says a reporter. "Is she credible?"

"We'll let a jury of six decide whether or not that witness is credible."

"Aren't all of the witnesses for the prosecution convicted criminals?" asks another reporter.

"No. The prosecution will also call the detectives who investigated this case. Yes, some of the witnesses have criminal records. A jury can decide whether or not that means they are lying."

"Will Mr. Parker get a fair trial?" asks another reporter.

"I will do everything in my power to ensure a fair trial," says the general. "There will be zero tolerance for misconduct."

"What will you say to those people demanding Mr. Parker's release?"

"All of my decisions in this matter is based upon fact and law, not public opinion."

oooooooooooo

1630 ZULU

STEFANO'S ITALIAN RESTAURANT

WASHINGTON, DC

AJ Chegwidden sits in front of the cloth-covered table in Stefano's, an Italian restaurant located on the first floor of the building that also houses Dewey, Walsh, and Lambert. The restaurant has an elegant atmosphere, with cloth-covered tables and wood-paneled walls. Waiters carry trays to serve delicious Italian dishes to customers.

"So it has come to court-martial," says Chris Walsh, who is having lunch with AJ after coming from a court hearing. "I was hoping the publicity would prevent that."

"They have a case," admits AJ. "Not as strong as the original case, but as far as I know, it doesn't involve perjury."

"Winning this case is very important to the firm," says Walsh. "Our firm never represented anyone in a high profile case. When that scandal broke out with that FBI agent pulling evidence out of his ass, we contacted every one whose cases he testified in, offered to represent them. When one of them was in Leavenworth, we knew you were the perfect person for the job."

"I can't argue with that," says AJ, looking at the breadstick.

"The Parker case was the case that is going to place us-and you- in the public eye. You'll be a celebrated lawyer, AJ. Our firm will get more business. Maybe we can make you a partner. Dewey, Walsh, Lambert, and Chegwidden."

"Sounds great," says the retired admiral.

"We sent e-mails to every one of those activist groups, telling them about to case and to support David Parker."

"It was your idea? The publicity was your idea?" asks Chegwidden.

"Definitely," says Chris Walsh. "You know how these activists are, sticking up for every criminal. These guys are advocating freeing that cop killer up in Pennsylvania."

ooooooooooooo

DAY 25

1330 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Maryland Deputy Attorney General Nick Perry is assisted into the courtroom by a Navy master-at-arms. He is placed in the front row. He had requested to attend this arraignment after hearing that Petty Officer Parker will be court-martialed.

"This hearing is now in session," says the bailiff, a man in a white Navy uniform. "Captain Allison Krennick presiding."

Then the judge, a woman with short blond hair, sits at the judges desk. "Petty Officer Third Class David Bruce Parker, you have been charged with seven counts of violating Article 118 , murder, with special circumstances," she says. The captain continues to list each inidivdual charge and specification. "How do you plead?"

Petty Officer Parker stands up along with his lawyer AJ Chegwidden. "Not guilty on all charges," says the petty officer.

"Defendant shall be remanded into custody of convening authority," says Captain Krennick. "Selection is at 1000 tomorrow." She then bangs the gavel.

A master-at-arms escorts David Parker from the courtroom.

AJ approaches Sturgis and Meg.

"Now it begins," says AJ. 


	6. Opening Arguments

1530 ZULU

"We are now going into jury selection," says AJ Chegwidden as he speaks with his client.

"How will they select the jury?" asks Petty Officer David Parker.

"The convening authority will select some people from the Navy's active duty list. You can insist that at least a third of the jurors be enlisted. The typical juror has at least a decade of service in the Navy."

"So basically they just pick names out of a fishbowl or somethin'?"

"We have the right to petition to remove people from serving in the court-martial," says the lawyer. "We have a limited number of peremptory challenges, in which we can unilaterally remove jurors without cause-and we can challenge any juror for cause such as close relationships with the defendant or witness."

"Will the Navy also get to remove jurors?"

"They will. Selection will take about one or two weeks, I think. It might take longer if we have hearings on whether or not a particular juror is qualified to serve on the panel."

"Well, you do what you gotta do," says Parker.

"I must ask you one thing. Is there anyone, anybody who should not serve in this trial no matter what?"

ooooooooo

1620 ZULU

A man in khakis walks into the room where Sturgis and Meg discuss the upcoming jury selection.

"Sir, ma'am," he says. "General Creswell assigned me to assist you in this case. I just finished working on a case with Commander Roberts."

"Have a seat, Captain," says Meg.

U.S. Marine Corps Captain Carlos Bullrider takes a seat. He had been assigned to JAG Headquarters since April of 2005. "Well, Commanders," says the Marine captain, "how about we get up to speed- with your permission of course?"

"You are certainly a go getter, Captain Bullrider," says Sturgis. "We have a list of every person the convening authority nominated to the court-martial."

"Who is the judge, sir?"

"Captain Allison Krennick," says Meg. "Navy. I served under her command for three years, up until about a month ago, when I came back here."

"Is she qualified, ma'am?"

"She is very qualified as a jurist," replies Meg. "I even sat second chair to her a couple of times."

Bullrider looks at the sheet listing the names of the court-martial nominees. "We can start by investigating each name, see if they served with the defendant or something. I'll get to it right away."

"Do it," commands Sturgis.

ooooooooo

DAY 27

1511 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

The second day of hearings into the selection for the members of the general court-martial is closed to the public. Commanders Sturgis Turner and Meg Austin are present, along with AJ Chegiwdden and a young lawyer from the firm that Chegwidden works for. One by one, themembers of the court-martial are interviewed, first by Captain Krennick, and then by lawyers for prosecution and defense.

"Juror is accepted," says Captain Krennick. "You may sit in the jury box."

Then the next nominee, a Navy captain dressed in his summer white uniform, steps onto the witness stand. He states his name and rank. The judge asks him a few questions.

"You were Petty Officer Parker's commanding officer. Is that correct?" asks Sturgis.

"Yes, Commander," replies the captain. "That was seven years ago; I was a lieutenant commander then. I did not work closely with him. His supervisor was a Chief Pollard. I think he's retired now."

"Can you make a judgment on this case based upon facts, with any regard to any prior relationship?" asks Meg.

"Like I said, I didn't work too closely with the petty officer. I was not the one who preferred charges- it was the Baltimore police that made the arrest, as I recall."

"Mr. Chegwidden," says the judge.

"Captain," says AJ, "according to these brig logs, you made several visits to the petty officer as he was awaiting trial."

"That's right," says the captain. "I was his CO. The welfare of my men is my responsibility, then and now. Like I said, I wasn't the one who accused him of murder."

"But you made four visits, one of them lasting over an hour."

"The petty officer needed my support. It wasn't my job to judge him."

"Your Honor," says Chegwidden, "I would like him to be removed from the panel. His prior conduct might have an adverse impact on his partiality."

"There is no evidence the captain is unfit to serve in this court-martial," says Sturgis. "Nor is there any indication that he is prejudiced against my client."

"Your request is denied, Mr. Chegwidden," says Krennick.

"Then I will use a peremptory challenge to remove him."

"So noted. You are excused, Captain."

"Captain," says the excused juror, addressing the judge. He walks out and leaves the courtroom.

The two prosecutors glance at the door where the Navy captain had exited, and then glance at AJ. They wonder why the defense atorney used a peremotory challenge to remove that particular juror.

oooooooooooo

DAY 29

1627 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Captain Carlos Bullrider sits at the cafeteria in JAG Headquarters, typiong on the keyboard of his iBook.

"Carlos," says Lieutenant Gregory Vukovic, "what are you up to?"

"Gotta right a speech for an opening argument on Monday," replies Bullrider.

"You should eat healthier," says Vukovic, noting the Marine captain's lunch of Doritos and Coca-cola.

"I'll make up for missing nutrients at dinnertime."

"What kind of dinner?" asks the Navy lieutenant.

"Probably a country-fried steak or something. Can't afford a high-class meal on a captain's salary."

"You know," says Vukovic. "I've been reading about the case on the Internet. There are all these people saying that David parker's innocent."

"Anyone can say he's innocent, Greg."

"I've read articles from all these websites by experts. They explained all sorts of inconsistencies in the original investigation."

"I'm sure some of them will testify in court. If you'll excuse me."

"You're still in for tonight, right?"

"Sure, Greg," replies Bullrider. "But I'll be working on this speech for the rest of the weekend." The Marine captain then reads what he had typed so far.

oooooooooooo

DAY 32

1306 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"Good morning,"says Sturgis, facing the panel of officers and enlistees who compose the general court-martial. "You have all been taken from your posts to participate in an important process in our judicial system, the system that our predecessors bled and died to protect. Petty Officer Third Class David Bruce Parker has been charged with six counts of murder, a serious offense in any civilized society. During the course of this trial, we will provide evidence that David Bruce Parker entered a nighclub in Baltimore on October 31, 1997. He opened fire with a submachinegun, killing six people. You will hear testimony from the detectives at the scene. You will hear testimony that he was involved in smuggling drugs into the Baltimore area, and that the victims were chosen because they were competitors to those Petty Officer Parker had been doing business with. When all is said and done, it will be your sworn duty to find Petty Officer Parker guilty of all six charges and specifications."

Sturgis glances at Parker and AJ, and then sits down next to Meg. The court stenographer finishes typing.

Then AJ Chegwidden, retired JAG and defense attorney for Petty Officer Parker, stands up to deliver his opening argument.

"I too am appaled at the murders that took place in Baltimore nearly eight years ago," says the lawyer. "The investigation was nearly as appalling. From tje beginning the Battimore police concluded that Petty Officer Parker was guilty, and their investigation was designed to reach that pre-determined conclusion. You will hear evidence of how they ignored leads implicating others. You will hear evidence about missed clues, witnesses that were never interviewed again. And you will hear how an FBI fingerprint analyst lied over and over again about the fingerprints found on the murder weapon. You will find that the case against Petty Officer Parker is insufficient, and it will be your duty to find him not guilty on all charges and specifications."

AJ then sits down.

"Court is adjourned until 0900 tomorrow morning," says Captain Krennick, banging her gavel.

A master-at-arms leads the defendant away from the courtroom.

"See you tomorrow," Meg says to AJ. "I did notice one thing. Carey Mills is not on your witness list. Was she lying?"

"I do not think she was credible, Meg," replies Chegwidden.

"So you're putting the police on trial?" asks Sturgis.

"They accused him; their credibility is at the core of your case, Sturgis," says AJ. "I don't need credible alibi witnesses; you need credible accusers."

"Are you going back to your office?" asks Meg.

"I think I'll say hi to Bud before I go." AJ then leaves the courtroom. 


	7. Letter

DAY 33

1306 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"The prosecution may call its first witness," says Captain Krennick.

"We call Anthony Dinozzo to the stand," says Commander Sturgis Turner, standing up.

Dinozzo, dressed in a neatly pressed black suit, rises up and walks to the witness stand. He looms around the courtroom, which is packed with reporters and other observors.

The court bailiff, a Navy petty officer, approaches the NCIS agent with a copy of the Holy Bible. Tony places his right hand on the Bible.

"State your name for the records," commands the judge.

"Anthony Dinnozzo," replies the witness. "You can call me Tony."

"So noted. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help me God?"

"I do."

Turner approaches the first witness.

"Tell the court a brief summary of your career in law enforcement," says the Navy commander. "I joined the Baltimore Police Department in 1992 after graduating college," says Tony. "I made detective in 1995, and worked homicide for a couple of years. In 2001 I left the Baltimore PD and joined NCIS."

"That would be the Naval Criminal Investigative Service, right?"

"Right."

AJ Chegwidden takes notes as Sturgis interviews Tony.

"How many homicide cases have you worked on?" asks Sturgis.

"About a dozen, I think," replies the NCIS agent. "One of the agents I was working with was murdered about two months ago by this terrorist and..."

"Were you working for ther Baltimore PD as of October 31, 1997?"

"Yes. I was a homicide detective then."

"Were you assigned to investigate the murders at the Double Diamond Club that night?"

"Yeah, just like I said in the first trial."

"What did you find there, Mr. Dinozzo?"

"Six bodies were found. Witnesses said that a man shot at them with an automatic weapon of some sort."

"And these are the names of the victims, right?" Sturgis shows Tony a report.

"Yes."

"People's exhibit one, a police report on the deceased."

"So noted," says Captain Krennick.

"What did you find out about the victims?"

"Three of them had prior convictions for drug posession, and one of them, Dan Milk, was currently under investigation when he was killed. We recovered an H&K MP5 from the scene and sent it to forensics. We also interviewed some witnesses, asking them about what happened."

"And how did you find the actual shooter?"

"We got a tip that some sailor from the Navy had carried out the hit for them," says Dinozzo. "They claimed to receive their goods from some persons in the Navy, and we notified the NCIS. That was when I first met Jethro Gibbs. We interviewed some sailors working at the nearby Navy base in Annapolis, including Mr. Parker over there. Afrter showing photographs to our informant, we went ahead and arrested David Parker."

"Was there anything else that led you to believe that Mr. Parker was involved?" asks the commander.

"We know that Parker handled munitions-his service recoerd stated he was a munitions handler. His assignment at the time was loading munitions on board ships. He clearly had the means to smuggle in drugs. And most importantly, he lied about where he was. He stated he was on base Halloween night, but a gate guard told me he had left that afternoon."

"Thank you, Mr. Dinozzo," says Sturgis. "No further questions at this time."

"You may cross-examine," says Captain Krennick.

"Mr. Dinozzo," says AJ Chegwidden, standing up and approaching the witness, "You had other leads beside Mr. Parker, correct?"

"We know more than one person's involved," says Dinozzo. "A man named Briggs is serving a life sentence for conspiracy, if I recall."

"Biggs," says the retired JAG. "His name was Biggs. What about other leads?"

"Our informant told us a sailor was involkved. He later identified the sailor and we then arrested him."

"And your informant-did he have a criminal record?"

"Well, yeah. He was convicted of drug charges, I think."

"And what about the fingerprint evidence?"

"We just submitted it to the fingerprint analyst," says Dinozzo. "We wanted an honest analysis."

"As it turned out, his analysis wasn't honest at all."

"Objection, your Honor," says Commander Meg Austin, standing up. "Defense counsel is testifying."

"I am simply stating what has already been established as fact," says AJ. "Stewart Connor did in fact plead guilty to perjury and obstruction of justice. The transcripts from the first trial showed that Mr. Connor testiLIED in the trial. It is because of that that we are here today, arguing over my client's fate."

"Objection overruled," says Krennick.

"Mr. Dinozzo, did the fingerprint analysis come in after the arrest?" asks AJ.

"Yes," admits the NCIS agent.

"Isn't it possible that there was pressure from the Baltimore PD for Stewart Connor to report a definite match despite what the actual results were?"

"Objection," says Meg. "Mr. Dinozzo is in no position to testify as to what Mr. Connor was thinking."

"I was asking if the police had anything to do with the framing of my client," says AJ.

"Sustained," says Krennick.

"Tell us why you left the Baltimore PD."

"i was looking for better opportunities, I guess."

"You joined NCIS six months after leaving the Baltimore PD. Are you familair with the Don Burkett case?"

"Objection," says Sturgis.

"This has to do with the credibility of the witness," says AJ.

"Better get to the point," says Captain Krennick.

"Donald Peter Burkett won a settlement from the city of Baltimore for a lawsuit related to assault. He had sued the city for assault due to a beating while in police custody. You were the arresting officer, right?"

"Yeah," says Dinozzo. "I remember being questioned by internal affairs and by an attorney. I certainly did not beat him while in custody, if that was what you were insinuating."

"You stated to internal affairs that you reported seeing bruises. But you never came forward for two days, until Mr. Burkett made the complaint."

"I never witnessed any assault. It was not as if he had to be hospitalized."

"The officer weho was fired over that incident had similar accusations against him."

"That was what they were," says Tony. "Accusations."

"The fact is, you never bothered to check out other leads, either the first time or the second time around."

"Objection," says Meg.

"Sustained," says Krennick.

"No further questions," says AJ.

"Witness may step down," says the judge.

Sturgis and Meg watch as Tony steps down from the witness seat and heads out of the JAG courtroom.

oooooooooo

1614 ZULU

"At the time I was stationed at the Naval Base in Annapolis as a guard," says Dylan Crane. "I was stationed there during the first trial, and in 2000 I was discharged and I accepted a position in the Annapolis police."

"Were you familar with Petty Officer Parker?" asks Meg.

"Sure. I would see him whenever he would leave on weekends or evenings. He was on shore leave quite a bit. He often left in civilian clothes."

"Were you on gate duty on October 31, 1997?"

"Yeah, I was there all night. I did see Petty Officer Parker leave sometime around sunset. Later that evening, he came back."

"No further questions."

AJ Chegwidden rises up and appraoches Crane.

"You stated you were at the gate at the Annpolis Naval Station all night, right?" asks the defense attorney.

"Yeah."

"According to the transcripts of the first trial, you stated that you got off at 1900 hours."

"I did?" asks the witness.

"It says right here," says AJ, showing him the transcripts of Petty Officer Parker's first court-martial. "Your name is Dylan Crane, right?"

"Yeah," says Crane. "I guess I did get off at 1900 that evening."

"Did you see Petty Officer Parker's picture in the news after he was arrested?"

"Of course I did. It was big news at the time."

"Then is it possible you thought you saw Petty Officer Parker leave that night when in fact you did not?"

"I ...I don't know."

"You stated just a minute ago you were posted at the gate all night, when in fact you testified otherwise at the first trial. Which one was it?"

"I don't know," says Dylan Crane.

"You got it mixed up, didn't you?"

"I guess so."

"No further questions."

"Witness may step down," says Captain Krennick.

ooooooooooooo

DAY 34

1350 ZULU

"Mr. Scottson, where were you on October 31, 1997?" asks Sturgis.

"Out on the street, near the Double Diamond club," says James Scottson.

"What did you know about the Double Diamond Club?"

"it was a nightclub. It was known as a hangout for drug dealers. The guy who owned it was the leader of a drug gang."

"How do you know?"

"I heard things on the street."

"What did you see and hear that night of October 31st?"

"I was sitting on the sidewalk at the corner away from the club. I heard gunshots and screams. I looked and then saw this man coming from the direction of the club. He had a gun in his hand. He then got inside a blue Cadillac. I told this to the police when they came."

"No further questions."

"Mr. Scottson," says AJ, "you were homeless at the time, right?"

"I was going through some hard times, I guess."

"Like drug addiction?"

"Yeah, I was shooting heroin. I got clean since then and startedf to rebuild. It's been a long struggle."

"Were you high on heroin at the time?"

"I don't know."

"But you were shooting up regularly, right?"

"Yeah."

"According to this police report submitted by the prosecution, the gun used in the murders was recovered inside the club. Take a look."

"Maybe he was holding another gun when he ran right by me."

"Or maybe you were too drugged out."

"Objection," says Sturgis.

"Overruled," replies Krennick.

ooooooooooo

1930 ZULU

AJ CHEGWIDDEN'S OFFICE

AJ Chegwidden is back in his office after Capotain Krennick has ordered a recess for the court. He looks at the mail he received. A lot of letters to him were from people who support David Parker.

He reads one particular letter.

oooooooooo

2015 ZULU

Special Agents Leroy Jethro Gibbs and Timothy McGee are inside Chegwidden's office. Meg had joined them, when Gibbs informed her of the nature of this investigation.

"Thanks for reporting this," says Gibbs. "We'll find out whio did this."

"This has no place in our justice system," says AJ.

McGee takes another look at the letter. It reads

Dear Mr. Chegwiden

I am a concerned citizen outraged at the frameup of Davey Parker.

Ill kill those who are trying to raleroad him to prison again. Meet me at the Lincoln Memorial tonite at 11:00. Ill do it for $5000 


	8. A Right to Testify?

DAY 35

1350 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"So someone is offering to kill my people," says General Cresswell, sitting behind his desk in his office.

"That's what we think," says NCIS Special Agent Leroy Jethro Gibbs. "We went to the Lincoln Memorial last night to find out if anyone would show up, but I guess whoever wrote the letter chickened out. As a precaution, we're assinging security details to prosecutors and witnesses. I have forensics taking a closer look at that letter."

"There have been daily protests outside JAG Headquarters," says Sturgis. "Maybe one of them is involved."

"We're taking this threat very seriously," says Gibbs. "Three months ago, one of my agents was murdered by a terrorist sniper."

"I'm sorry to hear that," says the general.

"We'll do our job, General."

"And I will do my job," says Sturgis.

oooooooooooo

2200 ZULU

Later that day, the Cable News Network has a special interview with Ross Sanders, a law professor at Georgetwon University.

"What comments do you have on the David Parker trial?" asks the host.

"The Navy is obviously trying to save face," replies the professor. "They can't admit they put an innocent man in prison, so they decide to retry him again in a desperate attempt to convict him. The same thing happened with Seaman Saul Wainwright last year."

"And what do you think of the case so far?"

"All they have are witnesses of questionable credibility. The last trial relied entirely on fingerprint evidence- the jurors in that trial gave testimony before the appeals court that the fingerprint evidence was the only evidence that tied Petty Officer Parker to the crime."

"Do you happen to know anyone on the defense team?"

"I never met the defense attorney, but I know Chris Walsh, who's a partner in the legal firm representing Mr. Parker. I am sure that they will put an end to this injustice."

ooooooooooo

DAY 36

1506 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"Mr. Coleman, did you work with Taylor Biggs?" asks Sturgis.

"Yes, replies Todd Coleman, now dressed in a gray suit not unlike that worn by AJ Chegwidden. "We worked together for a couple of years back in the '90's."

"During your career back then, did you ever meet the defendant, David Parker?" asks the commander.

"Yeah," replies the witness. "He's sitting right there next to his lawyer."

"Let the record show that the witness refers to the defendant, Petty Officer Third Class David Bruce Parker."

"So noted," says Captain Krennick.

"And how do you know Mr. Parker?"

"He brought in drugs for us. He said that he was in the Navy, and a couple of sailors were smuggling in heroin from overseas. He mentioned a guy named Ed was some senior officer and that he was the ringleader of the operation."

"Did you meet with you around Halloween night?"

"I heard from Taylor that some guys were muscling in our turf. He called Ed, and I saw Davey later that day."

"You mean David Parker, right?"

"Yeah. Anyway, Davey came over and they spoke in his private office. Taylor later told me that Davey would take care of our competition."

"You mean he would murder them?"

"Objection," says AJ. "Counsel is leading the witness."

"I'll rephrase," says Sturgis. "Havinbg worked with Taylor Briggs for years,a s you said, did you understand what he meant by taking care of the competition?"

"Yeah," replies Coleman.

"What did he mean?"

"Send them a message. Tell them to either pay us a fee or die."

"And given the events at the Double Diamond Club, how did Taylor Biggs and Davey Parker handle it?"

"I guess they capped those fools."

"Capped?"

"They killed those people. The next morning, Taylor told me that everyrthing was taken care of."

"No further questions, ma'am," says Sturgis.

"Mr. Coleman," says Chegwidden, standing up, "you have been convicted fo drug possession and possession with intent to sell, right?"

"Yeah," replies Coleman. "That's why I still have to check with my parole officer. That's why I have be in court today."

"In fact, you have quite the record, starting from when you were eighteen."

"Yes."

"You were offered a deal, right? Say, like releasing you from parole early?"

"No, sir," says Coleman. "There was no deal for me. My parole terms require me to cooperate with the cops. I have less than a year to go. I can't get into trouble now."

"So they coerced you into testifying for them so you could avoid trouble."

"I guess."

"Have you had any recent parole violations?" asks AJ.

"Ask my parole officer," replies Coleman.

"I'm asking you."

"No, I haven't. I've fully cooperated since leaving prison."

"But we all know that you're a convicted drug dealer," says AJ, glancing at the jury who is all dressed in their white dress uniform. "Why should we believe you?"

"I'm a businessman, not a liar," retorts Coleman.

"And I suppose you told the IRS how you earned your income, right Mr. Coleman?" asks AJ, a smile on his face.

"What?"

"You told the IRS that you made money by selling illegal drugs, right?"

"No."

"No further questions," says the defense lawyer.

"Witness may step down," says Captain Krennick.

Sturgis and Meg whsiper to each other as they sit down behind the wooden table.

"Do you have any motions?" asks the judge.

"The government rests its case, your Honor," replies Sturgis.

"I motion for the case to be dismissed based on insufficient evidence," says AJ.

"We have clearly made a prima facie case," says Meg.

"Approach," says Krennick.

The lawyers for prosecution and defense approach the Navy captain.

"Captain, the only testimony connecting my client to this terrible crime was from witnesses of questionable credibility," says AJ.

"A jury will determine the credibility of the government's witnesses," says Krennick. "Your motion to dismiss is denied. Court will be adjourned until 0900 Monday."

ooooooo

1735 ZULU

Sturgis and Meg sit down in the cafeteria, eating lunch. They think about the case they had put, and about how to deal with Chegwidden's defense witnesses.

"Good afternoon, sir, ma'am," says Lieutenant Commander Bud Roberts.

"Are you working on any cases, Bud?" asks Meg.

"Yes, ma'am," replies Bud. "I just got back from the Washington Navy Yard."

"Is anyone assisting you?"

"Lieutenant Vukovic is working with me in this case, sir. We still have a few more leads to follow. What about your case?"

"There was a much stronger case in the first trial," says Meg. "We don't know if we can win this one."

ooooooooooo

2230 ZULU

OFFICE OF CHRISTOPHER WALSH, ESQ.

WASHINGTON, DC

"How's the trial going, AJ?" asks Chris Walsh, sitting inside his huge office populated with hand-made furniture.

"I think it's going well in my favor, sir," replies the retired Navy admiral. "The only people who could connect my client to the crime have credibility issues. I'm sure the jury will see that when the deliberate."

"I'm not going to take any chances, Chegwidden," says Walsh. "I'm having investigators searching high and low for an evidence that even hints at Mr. Parker's innocence. This case is too important for our firm to lose."

ooooooooooo

DAY 39

1301 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

The court-martial of Petty Officer Parker continues. Protestors gather near the JAG headquarters, holding up their colorful signs as an NCIS security detail watches them from unmarked cars. As the protesting is going on, AJ Chegwidden sits inside the courtroom and readies his mind to directly examine his first witness.

A United States marshal enters the room, holding a piece of paper in her hand.

"What is it?" asks Captain Krennick.

"Notice of a court hearing, ma'am," replies the marshal.

Krennick reads it and then puts it down. "You may call your first witness," she says to Chegwidden.

"The defense calls Emmett Lloyd to the stand," says the defense attorney.

A man in his mid-forties takes a stand on the witness seat. He takes the oath to tell the truth, the whole truth, and nothing but the truth, so help him God.

"Mr. Lloyd," says Chegwidden, "you are currently in the FBI, right?"

"Yes," replies Lloyd. "I was in the FBI were over fifteen years."

"And what do you do in the FBI?"

"I currently perform investigations for the U.S. attorney's office. I actually worked for Independent Counsel Kenneth Starr a few years back."

"What kind of investigations?"

"Investigations related to cases the U.S. attorney pursues," says the FBI agent.

"And one of those cases involved Stewart Connor. Is that correct?"

"Yes. Stewart Connor came to our attention due to the work of some law students from Georgetown University. They found discrpenacies in the fingerprint evidence. We did a quiet investigation, after three convictions in cases that he testified in were overturned.We actually had a sting operation where we caught him falsifying evidence."

"How was this done, Mr. Lloyd?"

"We gave him some partial prints to test, as well as the name of the prime suspect. He reported that the fingerprints matched though they in fact did not. He was indicted and last I heard he plead guilty."

"Did you re-examine criminal cases where Mr. Connor performed finerprint tests?"

"Yes."

"Did you or any of your superiors fiund an actual mismatch?"

"Yes, sir. We did. A couple of times. I actually signed sworn affadavits."

"No further questions, your Honor."

"Did you ever work on the David Parker appeals?" asks Sturgis.

"I remember speaking with his attorney," says Lloyd. "He asked me some questions about the FBI's investigation of Stewart Connor. I simply answered him then as I did just now."

"In your original investigation, before Mr. Chegwidden met with you, did you investigate the Parker case?"

"No, not that I can recall."

"So it is fair to say that you never concluded that there was a mismatch between David Parker's fingerprints and the fingerprints recovered from the crime scene."

"Yes, that would be fair."

"To your knowledge, did anyone in the Baltimore Police Department ask Stewart Connor to testify that tyhe results were positive regardless of actual test results?"

"No. There was no evidence that anyone in the Baltimore PD was involved in a conspiracy to commit perjury."

"No further questions, ma'am," says Sturgis.

"Redirect, your Honor," says AJ. "When witnesses are found lying over and over again, do you presume that they lied about other things?"

"Yes, I do," says Emmett Lloyd. "More than once did we make an arrest based on repeated lies."

"So it is fair to presume that Stewart Connor lied in this particular case?"

"I would presume that."

"No further questions."

"Court is recessed until 1800 hours," says the judge, banging her gavel. The courtroom is soon cleared.

Captain Krennick walks towards the office of the Judge Advocate General. The people in the office stand at attention as she walks in.She stands at attention the mopment she enters General Cresswell's private office.

"Captain Krennick," says the Marine general. "Is there anything I can help you with?"

"I've received an interesting summons, sir," says the Navy captain. "A woman named Carey Mills is suing for the right to testify in this court-martial."

"I don't think there's legal precedent for that."

"I'll have to recess the court all day tomorrow," says Krennick. "I'll notify the prosecution and defense about this development."

ooooooooooooo

DAY 40

1400 ZULU

U.S. DISTRICT COURT

Captain Allison Krennick, clad in her white summer uniform, stands inside the federal courtroom. Across from her is a lawyer wearing an expensive-looking suit. She recognizes him as someone who had commented on the David Parker case which she is adjudicating. The captain looks ast a copy of the court summons as well as a copy of the affadavit that the plaintiff, Carey Mills, has signed.

"Your Honor," says Ross Sanders, "in October 31, 1997, Carey Mills was dating Petty Officer Third Class David Bruce Parker, who is currently on trial for murder. Her sworn affadavit here states that she was with him the evening that the murders occurred, and that she was threatened when Mr. Parker was arrested . In fear of her life, she did not tell anyone about where Mr. Parker was and he was sent to prison. She came forward a few weeks ago and she has not been called to the witness stand. We ask, your Honor, that she be allowed to testify in the trial. An innocent man spent seven years in prison because she was too scared to talk. If you do not let her speak to that jury, an innocent man may be sent back to prison."

"Do you have anything to say, Captain Krennick?" asks the judge presiding over this hearing.

"Lawyers get to choose which witnesses they call to the stand, subject to the trial judge's approval," says Krennick. "Neither the prosecution nor defense ever listed Carey Mills as one of their witnesses. As a lawyer myself, there are people I interviewed in the initial investigation whom I never called to the stand, either because they have credibility problems, or because their testimony was irrelevant to my case. I should remind you again, sir, that neither side of this case I am judging has found it necessary to call Carey Mills to the stand."

"Would you have any objection to Carey Mills testifying?" asks the judge.

"No, sir," replies the captain. "From what I have seen from the affadavit, I would have no objection to either side calling her to the stand. But the decision to do so rests with them. As a judge, I only know what is presented before me in court. I can not perform an investigation of my own. If neither side believes her testimony can not cointribute to their respective case, then this court should not force them or me to have her testify. We will set a bad precedent with this. If you grant this injunction, your Hionor, there will be many frivilous filings by people who want to testify in a trial simply to influence its outcome. I know the defense lawyer, AJ Chegwidden. He was the Navy's Judge Advocate General and I served under his command for a total of three years. He's a damn good lawyer and I trust his judgment in defending Petty Officer Parker. If he does not believe Miss Mills's testimony is credible or relevant, then he is most likely right."

"I've heard enough," says the judge. "I'm not going to create legal chaos. It is one thing if a judge excludes a witness from testifying, but if neither side calls her to the stand, then she can not claim any right to be on the stand. The motion for an injunction is denied."

oooooooooooo

DAY 41

1554 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

As the witness steps down from the stand, AJ Chegwidden approaches the bench.

"What is it, counselor?" asks Captain Krennick.

"I want to add a new witness to my list," says AJ. "A Mr. Scott Andrews."

"What will Mr. Andrews be testifying about?"

"He is a fingerprint analyst. My firm hired him to perform a fingeprint test and he told me that there is a definite mismatch. He is willing to sign an affadavit."

"The government will have two days to investigate him," says Krennick. "Next witness." 


	9. Pieces Fit Together

DAY 42

1305 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Upon their arrival at the headquarters, Commanders Sturgis Turner and Meg Austin meet in the conference room to discuss the recent development in the court-martial of Petty Officer Parker, namely the inclusion of a Scott Andrews into the defense's witness list. The two Navy commanders had spent the evening going over the witness's affadavit as well as basic background information.

"He's had some credentials," says Meg. "Some cases were dropped because of his testimony."

"So he goes out and sells his services to defense lawyers," says Meg.

"If he's right, we might have to drop the case."

"I'll have Captain Bullrider take a closer look at Mr. Andrews." says Meg. "In the meantime, I'm going to get a second opinion." She dials a number on her Motorola cellular phone. "This is Commander Austin. Is Agent Dinozzo there? There's been a development and we need a re-examination of the fingerprint evidence."

ooooooooooo

DAY 43

2110 ZULU

WASHINGTON, DC

"Have you heard anything new about the case?" asks Chris Walsh. "Are they dropping the charges?"

"They're continuing with the trial," replies AJ Chegwidden.

"So they think they can discredit our witness."

"if there's a way they'll find it."

"Don't be so pessimistic, AJ. You were the Navy's top lawyer, after all."

"You don't know Turner and Austin as well as I do," replies the retired Navy admiral.

"Scott Andrews did fingerprint analyses for some of our other cases. He even convinced prosecutors to drop all charges in some of the cases we hired him for."

"I'd better prepare for when the trial resumes Monday."

"I guess you won't be having a drink with us tonight," says Walsh. "Still, this whole thing could have been over with if you called Carey Mills to the stand. It took a lot of effort to find her."

"You were the one who contacted her about this?" asks AJ.

"Of course. You spend a great deal of time preparing questions for the witnesses."

"Carey Mills was lying," says Chegwidden.

"And you know this how?"

"Confidential sources."

"I see," says Walsh, understanding that Chegwidden was referring to Petty Officer Parker. "She really wanted to take the stand. Even sued to be able to testify."

"I won't put someone on the stand who's gonna lie."

"I'm sure Scott Andrews will convince the jury of your client's innocence. This trial is very important to our firm. You know that."

oooooooooooooo

DAY 46

1542 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"Mr. Andrews," asks AJ as he stands in the JAG Headquarters courtroom, "guve us a summary of your experience in fingerprint analysis."

"I got a degree in Forensic Science from George Mason University back in 1989," says Scott Andrews. "I've had five years' experience doing fingerprint analyses for the Fairfax Police Department. I later became an independent analyst, doing work for both prosecutors and defense attorneys."

"And how did you get involved with this case?"

"Chris Walsh contacted me. He's a senior attorney for a law firm in Washington, D.C. I had done fingerprint tests for him in the past and he asked me to do the test for this case."

"And what were the results of this test?"

"The fingerprint sample from the Baltimore PD did not match the fingerprints by the defendant."

"And the defendant you are referring to is Petty Officer David Parker, correct?"

"Yes."

"This report from an NCIS fingerprint analyst determined that no conclusiion could be made because there wasn't enough fingerprint. On what basis did you draw this sort of conclusion?"

"I utilize a new technique that can draw a definite conclusion with the amount of fingerprint we had. If these techniques were available in '97, I would not be here testifying in this court today."

The judge and the prosecutors listen intently, having read Andrews's report and knowing this had never been used as evidence in a general court-martial.

"Please explain this technique to the court," says AJ.

"As you know," says Andrews, "partial prints can be matched- or unmatched- by using minutae points and comparing them between the sample and control. While each pattern is unique, there are several general types of fingerprint patterns. In this particular case, the index finger was the finger that left the most fingerprint- just enough for my technique to work."

AJ looks at the members of the court-martial. "These people would better understand with a visual demonstration."

"Right here," says Andrews. He places up a huge flat plate of cardboard onto a tripod provided by the court. "You can see here the original sample, and the control fingerprint provided by Mr. Parker here, and the one I filled in using the minutae points on the raw sample and comparing them to a large number of fingerprints. As you can see, there is a strong correlation between the origiunal sample and the fill-in. There are at least two mismatched points between the sample and the control. The biggest difference is that Mr. Parker hasa left-loop pattern, as you can plainly see. But the fingerprint found at the crime scene has a tented arch pattern. It's easy to see why the original analysis matched the fingerprints. But I was able to determine the correct pattern using the points at rhe bottom edge of the original sample as you can see on this chart. The correlation between the original sample and Mr. parker's fingerprints are so weak that they for all practical purposes do not match."

"So you will vouch that Petty Officer David Parker did not leave the fingerprint sample found at the crime scene?"

"If the sample provided was what the police say they found, then I will surely vouch."

"No further questions, your Honor," says AJ. He walks back to the table. Petty Officer Parker smiles at the new development.

Commander Sturgis Turner stands up. "You paint a very vivid picture, Mr. Andrews," he says.

"Yes, I do," replies Scott Andrews. "I am confident this man's fingerprints did not match the one at the crime scene."

"And you testified in court before, right?"

"Yeah, a couple of times. Many cases never went to trial, either because of a plea bargain or because the police or prosecutor dropped the charges."

"Mr. Andrews, have you ever testified about this particular fingerprint technique?"

"No."

"No?" asks Sturgis.

"This is a relatively new technique I developed."

"You mean it has not had widespread use in law enforcement,.right?"

"it helped solve a few cases."

"But none of them went to trial. You never convinced a jury about this technique. You just come over to lawyers and tell them you can do fingerprint analyses."

"I've had almost fifteen years of experience, Commander. I've even published articles on this."

"We know. Do you recngozie this?" Sturgis presents a paperbook book.

"Forensic Science Communications," says Andrews. "It's a journal of forensic science. Peer-reviewed."

"And you recognize the article on this page?"

"Yes. It was the article I published about two years ago."

"I have another issue, Mr. Andrews. Can you read it?"

"It seems to be an article on fingerprint analysis. Titled On Extrapolation Algorithms using three minutae points. It's by a Dr. Dean Hathaway, a forensic analyst who worked for the Boston Police Department for twenty years."

"Tell the court what the first paragraph reads."

"I, well, uh, I," stutters Andrews.

"Read it," says Captain Krennick.

"The new technique proposed by Scott Andrews in the April 2003 issue has serious flaws making its suitability for criminla investigation suspect," reads the witness.

"So then your technique is seriously disputed, by a doctor with twenty years experience no less."

"Every forensic technique- fingerprint, DNA, ballistics- was disputed when it was first introduced."

"Other techniques withstood the test of time and yours hasn't."

"Like I said, this is new. There might be some room for refinement, just as DNA testing was refined over the past twelve years or so."

"But you seriously can not expect us to release a murderer on the basis of a new, untested method of fingerprint anlysis."

"Objection," says AJ.

"Sustained," says the judge.

"No further questions," says Sturgis.

"Witness may step down," says Captain Krennick.

"The defense rests, your Honor," says AJ."

"Court will resume tomorrow at 0900," says Krennick.

Sturgis and Meg leave the courtroom and walk towards the main office.

"You mnanged to discredit him, I think," says Meg.

"AJ doesn't need a credible witness; we do," replies Sturgis.

"Commander Austin," says Petty Officer Jennifer Coates, coming out of the main office. "You have a call from an Abby Sciuto at NCIS, ma'am."

"As you were, Petty Officer," says Meg.

oooooooooooo

1711 ZULU

NCIS HEADQUARTERS

WASHINGTON NAVY YARD

WASHINGTON, DC

Sturgis and Meg stand inside the forensics lab at NCIS Headquarters. It is a large room with cabinets and computer monbitors and stuff. A woman with black hair tied in ponytails stands in the room. She is dressed in a white lab coat. Her clothing is black, her eyeshadow is black, her fingernails are painted black.

"Do you have anything?" asks Meg.

"Yeah," replies Abby Sciuto, the forensic anaylst at NCIS Headquarters. "Here is what I found."

ooooooooooo

DAY 47

1303 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

"Miss Sciuto," says Meg, "tell us your qualifications."

"I've worked in NCIS for four years," replies Abby Sciuto, now dressed in a black suit as she gives testimony in this general court-martial. "I have broad experience in many forensic tests."

"Do you have experience with fingerprints?"

"Of course I do."

"And that includes matching fingerprints, right?"

"Yeah. I'm also able tolook at evidence and find out how a crime is committed. I've worked on so many cases, like..."

"Okay, Misss Sciuto," says Meg. "Summarize what you found."

"Well, the first time, I came up inconclusive," says Sciuto. "At the time I focused on a single print, just like the people who first ran the tests. But then I looked at the other prints, and they filled in the missing pieces, like a jigsaw puzzle. It is so easy to overlook. I solved cases in which critical evidence was overlooked the first time around."

"Can you give a visual demonostration for this court?"

"Sure." Sciuto places up a chart for the members of the court to see. Chegwidden watches attentively. "You can see Petty Officer Parker's full fingerprint profile on the top. Each fingerprint on each finger is identical. Now look at the top. It shows each of the recovered fingerprints from the crime scene. I color coded it." The lab tech then tuens over a page. "Each of these partials can be combined to form a near complete match. You see which sections of the composite fingerprint correspond to each partial. And you can see that the composite matches the fingerprints from Petty Officer Parker."

"No further questions, ma'am," says Meg.

"Your witness," says Captain Krennick.

"This is a very interesting theory, Miss Scuito," says AJ, placing the emphasis on theory. "You've testified this before, right?"

"Not that I can recall," replies Sciuto.

"Why should this court place faith on your analysis?"

"I gave a simple, easy to understand explanation. The partial prints were combined to form a composite. It is no different in principle than fitting together the remains of a car, or even human bones. Based on where these prints were found, they came from the same hand. Assemble the partials and you get a fingerprint that matches the defendant."

"But you don't have experience in that area."

"I have a proven track record of solving cases by looking at evidence from a new angle. I can understand how this could have been overlooked for so many years. A few months ago I even used surfing wax to find the killer of a Navy sailor. Just ask those who work with me. I am a valuable part of the team."

"No further questions," says AJ.

"Witness may step down," says Captain Krennick.

"We rest the rebuttal case," says Meg.

"Closing arguments scheduled for tomorrow," says the captain.

Sturgis and Meg leave the room. "The lady had me convinced," says Sturgis, referring to Abby Scuito. "I hope she convinced the jury."

ooooooooooooooo

DAY 50

1400 ZULU

"Have the members reached a verdict?" says Captain Allison Krennick.

"Yes, we have," says the foreman, a Navy rear admiral.

"The defendant will rise."

Petty Officer Parker stands up.

"You may publish your findings," says Krennick.

"Petty Officer David Bruce Parker, United States Navy," says the admiral. "On the charge and specification of Article 118, the murder of Dan Milk, we find the defendant guilty."

At thsi moment, Petty Officer Third Class David Bruce Parker bows his head.

He reads the verdict for the other five counts, all guilty. He then passes an envelope to the judge.

"Sentencing is Monday at 1300 hours," says Captain Krennick. "Court is adjourned."

A master-at-arms escorts Petty Officer Parker away. AJ confronts Sturgis and Meg.

"We'll meet again," he says. "Now to figure out how to save his life."

ooooooooooo

1822 ZULU

"I heard about the verdict," says Major General Gordon Cresswell as he sits in his office.

"Guilty as charged, sir," says Sturgis, standing at attention.

"Amazing how we overlooked one thing that could have convicted him justly seven years ago," says Meg.

"What is amazing is that someone destroyed his career, his reputation, and ended up in prison because he lied to send a guilty man to prison," says the general. 


End file.
